In North Carolina, a misdemeanor by definition carries a punishment of less then 1 year in prison. Misdemeanor charges can severely affect your life, family, job—and your reputation. It is very important to talk to an attorney about how to minimize the damage these types of charges can have. Below are the classes of Misdemeanors in NC and the maximum punishment.
· Class A1 Misdemeanor – 150 Days
· Class 1 Misdemeanor – 120 Days
· Class 2 Misdemeanors – 60 Days
· Class 3 Misdemeanors – 20 Days
Class A1 – A class A1 is the most serious type of misdemeanor in North Carolina. Examples include Assault on a Female, Assault with a Deadly Weapon, DWI, and a Violation of a 50B restraining order. Even if you have had no prior convictions, a class A1 misdemeanor can be punishable by jail time. The maximum sentence that can be given for a class A1 misdemeanor is 150 days in jail. Unless specified by the offense, fines for class A1 misdemeanor convictions are in the discretion of the court.
Class 1 – Common class 1 misdemeanors include driving with license revoked, larceny, possession of marijuana (more than ½ oz.), and possession of drug paraphernalia. The maximum punishment for a class 1 misdemeanor is 120 days in jail. Unless specified by the offense, fines for class 1 misdemeanor convictions are in the discretion of the court.
Class 2 – Examples of class 2 misdemeanors include disorderly conduct, carrying a concealed weapon, no operator’s license, first degree trespass, and simple assault/battery/affray. The maximum punishment on a class 2 misdemeanor is 60 days in jail. Unless specified by the offense, fines for class 2 misdemeanor convictions can be as high as $1,000.
Class 3 – Examples of class 3 misdemeanors include driving with an open alcoholic container, littering, possession of marijuana (less than ½ oz.), and violations of city/county ordinances. The maximum punishment on a class 3 misdemeanor is 20 days in jail. Unless specified by the offense, fines for class 3 misdemeanor convictions can be as high as $200.
A misdemeanor conviction can result in serious and long-lasting consequences, and could become part of your permanent criminal record. A conviction can also have a serious effect on your future employment and educational opportunities. If you have been charged with a misdemeanor in Raleigh, or Wake County, you need an aggressive and skilled attorney to advocate on your behalf in court. It is the job of the law enforcement officers and the State to prove the case against you. You need a criminal defense attorney who is committed to fighting for your innocence.
Here at The Law Corner, we will analyze the facts surrounding your charge and will highlight any possible weaknesses in the prosecution’s case. We are dedicated to fighting for your rights and freedom, and providing you with effective and knowledgeable representation.
If you are charged with a crime in Raleigh, North Carolina, it is important that you understand your legal rights. We aggressively defend clients charged with everything from minor traffic infractions to serious misdemeanors. The Law Corner can assist you in understanding what you have been charged with, what legal defenses might apply in your case, and what options are available to you. We will evaluate the facts and circumstances surrounding your charge to determine what possible defenses you may have. We are very familiar with the law and the procedural process surrounding criminal charges, and we will use this expertise to ensure the protection of your rights.
When you go to court in Raleigh, you need to be aware that the district attorney and the judge cannot give you legal advice because they represent the State of North Carolina. A district attorney is a lawyer who works for the government and who is responsible for developing and presenting the state’s case against a criminal defendant. However, just because you have been criminally charged does not mean that you have no alternatives. The Law Corner will provide you with strong legal representation to help you achieve the most favorable outcome, based on the circumstances of your case. We will fight to prove your innocence, or alternatively, fight to help you receive the minimum sentence.
The punishment for criminal offenses is primarily determined by the classification of the crime and the defendant’s prior record level. The defendant’s prior record level is determined by the number and classification of prior convictions. Also, the sentencing structures depend on what class of misdemeanor you plea to or are found guilty of.
At The Law Corner, we will work one on one with you to develop the best possible strategies and defenses to try to reduce your punishment, or in some cases, avoid a conviction entirely. Whether you have been charged with a minor traffic violation or a serious misdemeanor, our attorneys are prepared defend your case and fight for your freedom. Just because you have been charged with a crime, it is important to remember that it doesn’t automatically mean you are guilty or that you should plead guilty. There may be possible defenses in your case that should be raised at trial. Also, there may be alternatives that can be taken to help minimize the negative effects in the event of a conviction. If you are in need of skillful and effective criminal defense representation, contact The Law Corner today to schedule your free consultation.